Latent Defects. Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.
Latent Defects. Without limitation, Subcontractor shall be responsible for the repair of latent defects in their Work. Subcontractor shall pay for consequential damages related to any latent defects in their Work and Subcontractor shall pay for all costs necessary to repair the Work of others caused by uncovering and repairing defective Work.
Latent Defects. Seller has no actual knowledge of any latent defects on, in, under or above the Land, the Lots or the Improvements (to the extent completed as of the date of this Agreement). For purposes of this representation, the actual knowledge of Seller shall mean the actual knowledge of only Xxxxxxxx X. Xxxx and no other person. 7.2
Latent Defects. It is recognized that it is possible for a Light Source to have defects which are not be discovered upon reasonable physical inspection or testing ("Latent Defects"). As soon as either party becomes aware of a Latent Defect in any Light Source it shall immediately notify the other party as to the serial number(s) of the Light Source(s) involved, which at DUSA's election, shall be deemed rejected as of the date of such notice. NBC agrees to repair or replace all Light Sources so involved at its expense. For purposes of this Section 3.4, "defect" shall mean that a Light Source fails to conform to the warranties given by NBC herein; however, "defect" for purposes of the foregoing, shall exclude defects in the design of the Output Regulating Circuitry System, the Plastic Housing and the Stand. 7 3.5
Latent Defects. Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by the City pursuant to this Article V shall be applicable with respect to any Latent Defects. Upon discovery of any Latent Defects by the City, the City shall promptly provide a Non-Compliance Notice thereof to Xxxxx Xxxxx that shall trigger the cure procedure set forth in Section 5.08. Xxxxx Xxxxx shall be responsible for all costs incurred in correcting or remedying Latent Defects of which it receives notice within the Latent Defect Period. Xxxxx Xxxxx shall be released from all liability with respect to Latent Defects of which it receives notice after the expiration of the Latent Defect Period. This Section 5.10 shall survive termination of this Phase 1 A&M Complex Agreement.
Latent Defects. As soon as either party becomes aware of a Latent Defect in any AG Product lot, it will promptly notify the other party of such event (including reasonable details and the lot involved). If an AG Product accepted by Sandoz becomes non-conforming by virtue of the later discovery of a Latent Defect, Sandoz may place the lot on quality assurance hold pending Eagle’s investigation and a final resolution of the claimed Latent Defect pursuant to Section 8.1 and 8.2 above. In the event that such AG Product is found to contain a Latent Defect, such AG Product will be deemed rejected pursuant to Sections 8.1 and 8.2 as of the date of the notice, and the rights and obligations of the parties with respect to the rejected AG Product will thereafter be governed by Sections 8.1 and 8.2.
Latent Defects. Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects discovered within twelve (12) months after the applicable certificate of occupancy. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined within twelve (12) months after a building’s certificate of occupancy that any portion of the Project is materially inconsistent with the Final Documents and Drawings.
Latent Defects. If any Licensed Adjuvant delivered by Supplier to Purchaser contains a Latent Defect (as defined below), then Purchaser will notify Supplier in writing within five (5) Business Days after the date on which such Latent Defect is first detected by Purchaser. “Latent Defect” means any defect that (a) causes any Licensed Adjuvant supplied by Supplier to Purchaser pursuant to this Agreement to fail to conform with the Adjuvant Specifications, cGMP or a requirement under the Quality Agreement and (b) cannot be ascertained by the exercise of reasonable diligence by Purchaser upon receipt of such Licensed Adjuvant; provided, however, that if Purchaser does not notify Supplier of a Latent Defect in a Licensed Adjuvant within the Licensed Adjuvant’s shelf life (which shall be mutually agreed upon by the Parties), Purchaser shall be deemed to have accepted the Licensed Adjuvants as meeting Adjuvant Specifications and the applicable requirements hereunder, and Purchaser abstains from any right to claim liability against Supplier pursuant to Section 5.1 above or this Section 5.2.
Latent Defects. It is understood that Products may have defects (“defects” meaning that such Products fail to conform to the applicable Specifications or otherwise fail to conform to the warranties given by Stellartech herein) which would not be discoverable upon reasonable physical inspection or testing (the “Latent Defects”). As soon as either Thermage or Stellartech becomes aware of a Latent Defect in any Products, it shall immediately notify the other party and, at Thermage’s election, such Products shall be deemed nonconforming to the Specifications and rejected as of the date of such notice.
Latent Defects. The obligations with respect to a Latent Defect that is discovered after the one-year anniversary of Substantial Completion are as set out in this Section 23.4. A “Latent Defect” is Nonconforming Work that (i) could not have been, with the exercise of reasonable diligence, discovered prior to the expiration of one year from the date of Substantial Completion; and (ii) was not caused by abuse, modifications not designed and executed directly by a CM/GC, a Subcontractor, a Supplier, Architect or an Architect’s Consultant, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage 23.4.1 23.4.1 Latent Defects Arising From Work or Services Performed By Subcontractors, Suppliers and Non-IPD Risk Pool Consultants. To the extent a Latent Defect arises from Work or Services provided or performed by a Subcontractor, Supplier or a Non-IPD Risk Pool Consultant, such party shall be responsible for correction of the Latent Defect at its sole cost. In the event that such party fails to correct such Latent Defect, the loss, costs and damages arising from such Latent Defect shall be pursued as a claim against any available Project Specific Insurance Policy or other insurance maintained by such party. To the extent such insurance does not cover the loss, costs and damages arising from such Latent Defect, the Subcontractor, Supplier or a Non-IPD Risk Pool Consultant remains solely liable for such loss, costs and damages. 23.4.2 23.4.2 Latent Defects Arising From Work or Services Performed By CM/GC, Architect and Risk Pool Consultants. To the extent a Latent Defect arises from Work or Services provided or performed directly by CM/GC, Architect or a Risk Pool Consultant, such party shall be responsible for the correction of such Latent Defect in accordance with this Section and subject to the Limitation of Liability set forth in Article 28. The Owner and the CM/GC or Architect, as the case may be, shall pursue a claim against any available Project Specific Insurance Policy for the loss, costs or damages arising from such Latent Defect as set forth in Article 28. To the extent any recovery from such Project Specific Insurance Policy does not satisfy the proven loss, costs or damages sustained by Owner arising from such Latent Defect, each Risk Pool IPD Team Member remains liable to the Owner as set forth in and limited by Article 28. With respect to claims for Latent Defects, the Owner shall require Owner’s property insurer to waive an...
